This Independent Contractor Agreement is made effective as of signed date below (“Date”) by Tax preparer (“Preparer”) and Biznezz Minded Tax Prep & More.
1. DESCRIPTION OF SERVICES. Beginning on date signed, Preparer will provide the following services: tax preparation services; client file management and document retention.
2. REMUNERATION FOR SERVICES. Preparer is entitled to receive a portion of fees collected from clients for Services rendered per the option indicated below. Preparer is required to issue an invoice to Biznezz Minded for Services provided to his/her clients. Preparer will be paid from fees actually collected and will not be paid in instances where no fees are collected from clients. Where a client’s fee will be taken from that client’s refund, Preparer will not be paid until such time as that refund is issued. If client use a bank product and we do not get paid, Preparer is responsible for collection of fees as the bank will still look to collect.
3. TERM/TERMINATION. This agreement automatically terminates on September 15, 2024. Preparer will be subject to liability for breach of contract if, at any time prior to September 15, 2025, Preparer terminates this agreement. Similarly, Biznezz Minded cannot terminate this agreement prior to September 15 2025 unless Preparer violates a term of this agreement. If Biznezz Minded terminates this agreement where no breach of this agreement is found, Biznezz Minded may be liable for breach of this contract.
4. RELATIONSHIP OF PARTIES. It is understood by the parties that Preparer is an independent contractor with respect to Biznezz Minded, and not an employee of Biznezz Minded. As such, Company will not provide fringe benefits, including health insurance benefits, paid vacation leave, or any other employee benefit, for the benefit of Preparer.
5. PTIN. Preparer is required to obtain and maintain a Preparer’s Tax Identification Number (PTIN) in accordance with the IRS’ rules and regulations in place during the period covered by this agreement. Preparer will not be allowed to prepare a return as a contractor for Biznezz Minded without a registered PTIN number. This agreement becomes null and void if Preparer fails to obtain or, for any reason ceases to have a valid PTIN.
***You agree NOT to mention Suelethea Burwell or Biznezz Minded Tax Prep & More in any demeaning manner on ANY PLATFORMS (Facebook, Instagram, Twitter, tik tok etc. You agree not to go live, or slander mines or the businesses image in any form or fashion. Biznezz Minded agree to the same standards of professionalism.***
8. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information developed in whole or in part by Preparer in connection with the Services shall be the exclusive property of Biznezz Minded in accordance with Biznezz Minded licensing agreement with Biznezz Minded. Upon request, Preparer shall sign all documents necessary to confirm or perfect the exclusive ownership of the software.
10. CLIENTS. Preparer is responsible for generating their own leads and clients for return preparation. Any clients obtained by Preparer are the property of Preparer.
13. CONTINUING EDUCATION. Preparer is responsible for completing any and all continuing education required to maintain their PTIN as mandated by the IRS.
15. CONFIDENTIALITY. Preparer will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of Biznezz Minded or Umbrella to any third party whether or not such conveyance personally benefits Preparer. Preparer also will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any information that is the property of any client of Biznezz Minded or Umbrella. Preparer will protect all such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Preparer will return to Biznezz Minded all records, notes, documentation, and other items that were used, created, or controlled by Preparer during the term of this Agreement with respect to any Services provided that are required for Biznezz Minded to comply with any due diligence requirements imposed by the IRS.
16. FILE AND RECORD MAINTENANCE. Biznezz Minded will maintain all client return files in accordance with rules and regulations set forth by the IRS. Preparer may access their clients’ files as needed to respond to requests from the client or the IRS. Preparer may maintain copies of their own records at a location of their choosing, but Preparer accepts all liability for any disclosures of client information that occur as a result of these files they choose to maintain. This clause does not require Biznezz Minded to create the files. The creation of the files is the sole responsibility of Preparer. Preparer acknowledges that he/she is aware of the various recordkeeping and due diligence requirements associated with each return that is prepared. Preparer also acknowledges that they will follow all IRS rules with respect to file and recordkeeping. ID & SS CARDS MUST BE UPLOADED INTO THE SCANNED DOCUMENT SECTION OF THE SOFTWARE. NO EXCEPTIONS! RETURN WILL NOT BE TRANSMITTED TO THE IRS IF THESE DOCUMENTS ARE NOT UPLOADED.
17. OFFICE AND EQUIPMENT USE. Unless you are working in the office, Biznezz Minded will not provide an office environment and/ or computer for Preparer to prepare returns for his/her clients. Preparer is required to utilize any of his/her own equipment or resources to assist in the preparation of returns for his/her clients as long as none of this utilization violates any existing licenses, covenants, etc. of Biznezz Minded. Preparer is free to set his/her own hours and number of hours worked, and is free to work from home.
19. INDEMNIFICATION. Preparer agrees to indemnify and hold harmless Biznezz Minded from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Biznezz Minded that result from the acts or omissions of Preparer, employees, agents, or designees, if any.
19. BANK PRODUCTS: If you choose to use a bank product, meaning you want your fees automatically deducted from the refund, you are responsible for any fees associated. The bank charges the Preparer $80 per PRE season advance & $30 per IN season advance. All fees will be deducted from your fees as the bank will deduct the advance fees 1st.
20. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Virginia.
Non-Compete Agreement
This Agreement is made between Minded Tax Prep & More and the undersigned Tax Preparer, effective as of the date signed below.
Non-Compete Obligation
Client agrees that, during and following the completion of services provided by the Company, they shall not:
Offer, advertise, or engage in tax preparation services for compensation.
Solicit or attempt to solicit any of the Company's clients, employees, or contractors for tax-related services.
Exceptions
This Agreement does not restrict the Client from preparing their own personal tax return or assisting immediate family members WITHOUT compensation.
Confidentiality
Client agrees not to disclose or share any confidential information received from the Company, including but not limited to tax strategies, pricing, client lists, or business operations.
Enforcement
A violation of this Agreement WILL result in legal action, including but not limited to injunctive relief and monetary damages. If you breach this contract in ANY WAY, any funds you have earned with the company will be forfeited and kept for monetary damages.
You may work where and for whoever you would like to work with or start your own tax preparation business. We just ask that you find your OWN clientele while doing so.